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What are the pros and cons of an uncontested divorce?

On Behalf of | Jun 26, 2020 | Divorce

Every year, numerous couples in Washington choose to end their marriages. Some will end up fighting things out in court, some will choose alternative dispute resolution methods such as mediation or collaborative law, and others will choose to file for uncontested divorces. An uncontested divorce is one in which both parties choose not to fight. They have agreed to settlement terms and just want to file the petition to dissolve their marriage with the court so they can move on.

There are several benefits to utilizing an uncontested divorce. First and foremost, it can save each party a lot of money. Court costs and legal fees can quickly add up when going through the marriage dissolution process, but by filing an uncontested divorce these costs will be greatly reduced. Second, it can streamline the process so it can be completed much faster than other divorce options. Third, it offers privacy as less information is needed to file which means less information will be open to the public.

There are also some disadvantages to choosing this dissolution option. The biggest is that the settlement terms may not be as good as they could be; especially if the couple chooses to forgo legal counseling when drafting their uncontested divorce agreement. Complex issues such as child custody, child support and spousal support, are often affected.

An uncontested divorce can be a good thing, but it is not for everyone. When going this route, it is still wise for divorcing couples in Washington to seek assistance from legal counsel to ensure any agreed-upon terms are fair and balanced. A family law attorney with experience handling these kinds of marital dissolutions will be able to review the terms and provide suggestions on how they could be better or bring up items the couple may have overlooked, so when the petition is filed, the terms truly represent what both parties want out of the divorce.


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